organizational form of political power
The United States has a presidential system, and the president is the head of state and government.
The United States practices the principle of separation of powers and checks and balances. Legislative, executive and judicial powers are in the hands of Congress, the President and the courts respectively. When the three departments exercise their power, they contain each other and achieve power checks and balances. Congress has legislative power, the President has the right to veto bills passed by Congress, and Congress has the right to override the veto of the President under certain conditions. The president has the right to appoint senior officials, but it must be approved by the National Assembly, which has the right to encourage the president and senior civil servants according to law; Judges of the Supreme Court are appointed by the President and approved by the National Assembly. The Supreme Court can declare laws passed by the National Assembly invalid on the grounds of unconstitutionality.
State structure form
America is a confederate country. 1787 The Constitution of the United States of America changed the state structure into federalism. On the basis of establishing a unified federal regime, each state still retains considerable autonomy.
The Federation has the highest legislative, administrative and judicial organs, but it has a unified constitution and laws and is the main body of international exchanges; Each state has its own constitution, laws and government agencies; If the state constitution and laws conflict with the federal constitution and laws, the federal constitution and laws take precedence over the state constitution and laws. The Constitution of the United States lists the powers enjoyed by the federal government, such as taxing, borrowing, minting coins, maintaining the army, presiding over diplomacy, and managing interstate and international trade. Other powers not listed in the Constitution shall be reserved by the state government unless explicitly prohibited by the Constitution.
The power of the state is mainly to deal with internal affairs of the state, such as collecting taxes in the name of local governments, managing industry and commerce and labor within the country, organizing security forces and maintaining public order. In the past 200 years, the specific powers of the federal central and local governments have been constantly changing.
Elective system
The American presidential election is an indirect election system. First of all, voters in each state vote for electors in their own state (the number is equal to the number of members of parliament in their own state), and then the electors in each state elect the president and vice president at the same time in each state capital.
Members of parliament are directly elected. Representatives are directly elected by state voters; Senators were originally elected by the state legislature, and the constitutional amendment 19 17, which came into effect in 2003, stipulated that senators were also directly elected by state voters. In some states, governors, legislators, judges and important administrative officials are all elected by voters. Elections at all levels are generally arranged by two parties. In order to ensure the dominance of the two parties, the "single-name constituency system" and "majority representation system" are generally implemented.
Political party system
The United States adopts a two-party system. Although the Constitution of the United States does not stipulate the status of political parties, political parties are an important part of the American political system, and their influence permeates other political systems. The two-party system sprouted in the early days of the founding of the United States and was formally formed after the Civil War.
The main functions of the two parties are to manipulate and arrange elections, especially presidential elections. Democrats and Republicans have long alternated in power. There are other political parties besides the two major parties in the United States, but none of them can affect the position that the two major parties take turns to govern.
Civil rights system
According to the Constitution and laws of the United States, the power of the government comes from the people and ultimately belongs to them. The power of the government is not absolute, but limited by the Constitution and laws.
On the one hand, the federal constitution and laws stipulate that citizens enjoy personal protection, freedom of speech, publication, assembly, religious belief, private property rights and voting rights; On the other hand, it stipulates that Congress shall not enact laws depriving citizens of their freedom of speech, publication, peaceful assembly and petition, and shall not illegally search or seize citizens' persons, residences, documents and property, and shall not deprive anyone of his life, freedom or property unless due process is established according to law. In addition, the state constitutions and laws also stipulate the rights of citizens. In fact, the rights of citizens are subject to the property owned by individuals, and only the bourgeoisie can enjoy full freedom rights.
The federal legislature-Congress
The highest legislative body in the United States. It consists of the Senate and the House of Representatives. Congress exercises legislative power. Generally, a bill has to go through the procedures of proposal, committee deliberation and general meeting of the whole hospital. After the first hospital passed, it was sent to another hospital and followed the same procedure in turn. The bill is passed by the two houses and then submitted to the president for signature; If the president doesn't veto it, or if it is vetoed but re-passed by two-thirds of the members of both houses, it will officially become law. Congress also has other powers stipulated in the Constitution. For example, the right to declare war on foreign countries and amend the constitution. There are many committees in the two houses, and there are also joint committees composed of members of the two houses. Most parliamentary work is carried out in each Committee.
The Committee is divided into:
(1) The number of people in each congress of the Standing Committee is different, and the term of office of each congress is two years. The influential committees are: the rules of procedure of the House of Representatives, taxation, appropriations, military, judicial and diplomatic committees, and the Senate Foreign Affairs, Appropriations, Finance, Justice and Military Committees.
(2) A special investigation committee set up to deal with temporary or specialized issues.
(3) When it is necessary to make decisions related to the two houses, a joint committee shall be established.
(4) Mediation Committee, whose task is to draft a bill acceptable to both parties. Congress also has subsidiary bodies, such as the General Accounting Office and the Library of Congress.
senate
Treaties concluded by the president with foreign countries and senior officials appointed by the president must be approved by the Senate, which also has the right to hear impeachment cases and re-elect the vice president under special circumstances. Senators are directly elected by voters in each state, with two senators in each state, and the principle of equal representation in each state is implemented. At present, there are 100 members. An elected senator must be at least 30 years old, have been a citizen of the United States for nine years, and be a resident of the elected state at the time of election. The term of office is 6 years, and l/3 is re-elected every 2 years. The vice president is the ex officio speaker of the Senate.
House of Representatives
The House of Representatives has the right to introduce financial bills and impeachment cases, and to re-elect the president under special circumstances. The number of deputies is distributed according to the population proportion of each state, and each state has at least 1 member. According to the 1929 seat allocation law, the total number of members of the House of Representatives is fixed at 435, and the seat allocation in each state is readjusted according to the population changes in each state provided by the Statistics Bureau of the Federal Ministry of Commerce every 10. Representatives are directly elected. They must be at least 25 years old, have been American citizens for seven years, and be residents of the elected state when they are elected. The term of office is 2 years and can be renewed. The Speaker of the House of Representatives is elected by the General Assembly of the whole hospital.
Long-term re-election of members of both houses of parliament is extremely common. Members shall not concurrently hold other government positions.
Federal administrative agency
Federal administrative agencies, also known as the Executive Department and the Cabinet Department. The State Council is in charge of the Cabinet, and the Secretary of State is the president's main diplomatic adviser, responsible for the overall guidance, coordination and management of American foreign affairs. He is also the highest member of the Cabinet and a member of the National Security Council.
The Cabinet Department implements the ministerial responsibility system. The Ministry consists of departments (bureaus) and departments. Generally speaking, the institutions within the Ministry are divided into two categories: career management institutions and organ management institutions. Due to the different historical development and responsibilities of various departments, the establishment of business management institutions in various departments is quite different. The management institutions of various ministries and agencies are basically the same, and generally have office affairs management; Personnel, budget, finance and public relations institutions, as well as the general counsel's office, the inspector general's office and local institutions that accept affairs within the scope of this regulation. Departments (bureaus) within the Ministry are led by assistant ministers (directors), and all localities are led by assistant ministers.
the State Council
The State Council is the executive branch of the federal government in charge of foreign affairs and some internal affairs. 1789 was reorganized by the Ministry of Foreign Affairs in September. It is the earliest ministerial-level organ established in the American government and occupies a dominant position in all government departments. The chief executive of the State Council is the Secretary of State, who is appointed by the President (with the consent of the Senate) and is responsible to the President. He is the senior administrative official after the President and the Vice President. He is also the president's main adviser on foreign affairs, and the chairman of the cabinet meeting and the National Security Council. The State Council has the Deputy Secretary of State, the Deputy Secretary of State in charge of political affairs, the Deputy Secretary of State in charge of coordinating the security assistance plan, and officials such as the Deputy Secretary of State and the Assistant Secretary of State. The State Council has a huge organization with an office of the Secretary of State. The regional divisions are responsible for Africa, Europe, the Far East and the Pacific, Latin America, the Near East and South Asia, and the professional divisions are responsible for economy and commerce, intelligence and research, legal counsel and public affairs; There are many embassies, delegations, consulates general, consulates and missions to the United Nations all over the world.
The State Council's specific duties are: to be in charge of the network of American ambassadors and consulates around the world and the work of foreign-related officials, to assist the President in signing treaties and agreements with foreign countries, to arrange for the President to receive foreign envoys, and to make suggestions to the President on recognizing new countries or governments.
American court organization
The United States is a common law country. The main characteristics of American judicial system are: implementing the principle of separation of powers and implementing judicial independence; The court organization is divided into federal system and local system; The Federal Supreme Court enjoys special judicial review power and so on. The judicial organization court is very complicated and divided into two systems: the federal court and the state court, which apply their own constitutions and laws and have jurisdiction over different cases and regions. In addition, the National Assembly has established special courts, such as the Federal Court of Appeal, through relevant decrees as needed. Judges implement an irreplaceable system, including full-time system, high salary system and retirement system. There is no unified administrative court in the United States; Administrative dispute cases are tried by ordinary courts, and independent institutions also have the right to accept and decide.
The procuratorial organs in the United States are no different from the judicial administrative organs. The federal attorney general is the minister of justice, the legal adviser to the president and the government, supervises the administration of justice, and represents the government in court and participates in litigation when the federal Supreme Court hears major cases. Prosecutors are led by the Ministry of Justice and subordinate to courts at all levels. Litigation procedure Civil litigation procedure adopts the debate system, with sole hearing; Some lawsuits, especially tort lawsuits, are decided by juries and decided by judges. The characteristics of criminal proceedings are as follows: the federal and some States retain the grand jury review system for felony prosecution; Illegally obtained evidence is inadmissible; Plea bargaining is widely used before trial; In defense, the plaintiff and the defendant's lawyer in civil cases, and the prosecutor and the defendant's lawyer in criminal cases confront each other and argue. The judge does not take the initiative to investigate, but only plays the role of "passive arbitrator". Judicial review system, as a federal principle, was formally established, beginning with 1803 "Marbury v Madison" of the federal supreme court. On behalf of the court, Chief Justice J Marshall held that "unconstitutional laws are not laws" and that "the Constitution forbids all laws that contradict them", and explicitly declared that Article 13 of the judicial regulations promulgated by the National Assembly in 1789 was unconstitutional, thus establishing the authority of the court to examine the decrees passed by the National Assembly and gradually forming a judicial review system. This system has become a political means to maintain the ruling order and implement power checks and balances, and has been followed by many countries in the future. The judicial review power in the United States is exercised by ordinary courts, mainly the Federal Supreme Court. The way is whether the laws applicable to specific cases are unconstitutional, and the object of review includes not only the laws enacted by Congress, but also the administrative measures of the President.
The organization of American courts is divided into federal system and state system, with different names and trial levels and complicated jurisdiction. Courts usually have both civil and criminal functions. Except for some grass-roots courts, the jury system is not adopted. Prosecutors are led by the Ministry of Justice and subordinate to courts at all levels.
(1) The cases under the jurisdiction of the courts of the federal system mainly include: cases involving the federal constitution, laws or international treaties, cases in which one party is the federal government, cases involving foreign government agents, cases involving foreign trade and interstate trade in the high seas or navigable waters in China, disputes between citizens of different states, and lawsuits filed by state governments against citizens of other states. Courts in the federal system include:
1 Federal District Court
The courts of first instance for ordinary civil and criminal cases are the federal district courts located in each state, which only hear cases within the federal jurisdiction, while the federal district courts located in the capital district of Columbia and the territory are also responsible for cases within the federal and local jurisdiction. Generally, it is a single trial, and major cases are tried by a collegiate panel of three judges and a jury is convened; The federal court of appeal is located in the national 1 1 judicial circuit, and accepts appeals against the judgments of the federal district courts in the circuit, as well as the judgments of specialized courts and some administrative organs with partial judicial power in the federal system. Cases are usually tried by three judges.
2. Federal Supreme Court.
It is the highest judicial level in the country and consists of nine life-long judges appointed by the President with the consent of the Senate. Its precedents are binding on the whole country, and it enjoys the special right of judicial review, that is, the right to declare whether the federal or state laws are unconstitutional through specific cases.
It is the highest trial level and the highest judicial organ of the US federal court system. 1790 was established in Washington, D.C. according to the U.S. Constitution ... at first, it was composed of L chief justices and 5 judges, and then the number increased or decreased several times. 1869 is composed of 1 chief justice and 8 judges according to the laws of the National Assembly. Judges are appointed by the President with the consent of the Senate; As long as they are loyal to their duties, they can serve for life and cannot be removed without impeachment by Congress. However, those who have reached the age of 70, worked for 10 years or worked for 15 years can automatically propose retirement. According to the Constitution of the United States, the Federal Supreme Court has the power of first instance in cases involving ambassadors, other envoys and consuls, with the state as one party. Have the right to review legal issues in cases tried by the state supreme court or the federal appeals court; Have the right to issue "trial orders" to hear cases tried by lower federal courts or state courts. The Federal Supreme Court also has the power to conduct judicial review to examine whether federal or state legislative or administrative actions are unconstitutional. Whether it is a case of first instance or a case of review, it is a final judgment. The court session lasted from the 1 th Monday in June 65438 to the middle of June of the following year. The judgment shall be based on the simple majority vote of the judge, and the opinions of all parties shall be stated in the judgment. 1882, the report officially compiled by the Supreme Court of the United States began to be published, and the cases in it were binding on the court and served as the basis for hearing similar cases. "
3 specialized courts
The federal system also has various specialized courts. At the same level as the court of appeal, there are: the court demanding compensation from the government, and the court of appeal for tariffs and patents. At the same level as local courts, there are also customs courts and tax courts. In addition, some federal administrative agencies have partial judicial power and can decide disputes within their jurisdiction. These administrative agencies include the Federal Trade Commission and the National Bureau of Labor Relations.
(2) The names of state courts vary from state to state, generally divided into three levels, and there are also various small courts that are not listed as trial levels.
1 Basic Courts
Generally speaking, the state district court, the state circuit court, the state high court or the state ordinary litigation court are the courts of first instance for ordinary civil and criminal cases under the jurisdiction of the state, and most States stipulate that a jury must be convened for trial. Some states have county courts, city courts and police courts under the grass-roots courts. Grass-roots courts also have various special courts or other special courts, which are not used as trial levels; If you are dissatisfied with his judgment, you can apply to the grass-roots court for retrial, and you can appeal later. Such specialized courts include family courts, probate courts, will processing courts, traffic courts and small claims courts.
2 state court of appeal
Most states have state appellate courts as intermediate appellate courts.
3 state supreme court
The highest trial level in a state is the state supreme court, and some states are called the supreme trial court and the court dealing with illegal acts. In some states, there are civil supreme courts and criminal supreme courts. The court organization in New York State is quite special, and its court of first instance is called the state supreme court, which is divided into family court and probate court. The appeal level is the appeal court of the above-mentioned court, and there are no other courts. The highest trial level is called the state appeals court.
* * * and the Party (Republican Party)
* * * The Republican Party is one of the two major political parties in the United States. The two-party system implemented in the United States takes turns to govern with the Democratic Party. Also known as the "big party". Take the elephant as the emblem.
[History of the Party]: 19 In the 1950s, the political struggle between northern industrialists and southern planters became fierce. 1854, the democratic government passed the kansas-nebraska act, which lifted the geographical restrictions on the expansion of slavery, leading to 1854- 1856 Kansas civil war, 1854 July * * and the establishment of the party. It consists of the radicals in the Northern Democratic Party, the Free Land Party and most former Whig Party party member. It mainly represents the interests of western industrial bourgeoisie, middle class, workers and small farmers. Oppose the expansion of American slavery. At this point, the two-party system in the United States was established.
* * * and after the party was founded, it won the hearts of the people in the north and was full of vitality. 1860, his candidate A. Lincoln was elected as the 16 th president on the platform of "freedom of speech, land, labor and person" (186 1- 1865). In the civil war, communist party led the northern people, defeated the Southern Alliance and established a capitalist system throughout the country.
After the war, the Hehe Party was in power for 20 years in a row, and the "eldest party" claiming to "save the Union" and "liberate the blacks" compromised with those in southern white supremacy. 19 The United States entered the monopoly stage in the 1980s and 1990s. During this period, * * * and the party have been in power for a long time, serving the interests of consortia in Northeast China and Central China. 1898, president w McKinley (1843- 190 1) launched the Spanish-American war for overseas colonies. The following year, he put forward the policy of "open door" to China. In the 1920s and 1930s, three successive presidents and party chairmen adopted laissez-faire policies towards large enterprises, which led to serious economic imbalance, overstocked goods, financial chaos and massive unemployment, and triggered the economic crisis of 1929- 1933. * * * and the party suffered a crushing defeat in the 1932 presidential election and never recovered. After World War II, the party began to get the support of the Southern Consortium, and its candidate D·D· Eisenhower was elected president on 1953. During his tenure, he put forward the "Eisenhower Doctrine" of invading the Middle East. 1969- 1976, R. M. Nixon and G. R. Ford successively served as presidents. 198 1 year, E·W· Reagan came to power, implemented a tight monetary policy, put forward the slogan of "restoring economic and military strength and rejuvenating national prestige" and took a tough attitude toward the Soviet Union. At the same time, on the basis of strengthening its strength, it seeks negotiations with the Soviet Union. 1984 re-elected president. 1989- 1993, g bush became president.
The party takes the platform of running for president in election year as the platform of the whole party. There are no fixed members, and the number of people in party member is based on the voter registration before each general election. Only a few party member joined the Party's grass-roots organizations through certain relations and procedures. The highest authority is Congress. It is held every four years in the summer of an election year to nominate candidates for the party's chairman and vice-chairman and formulate a program. The permanent body is the National Committee, with a term of four years. It has a chairman, a vice-chairman, a secretary and a treasurer, and is responsible for preparing the national congress and presiding over the presidential election. Every state has a state committee to preside over state elections. The campaign funds are funded by a monopoly consortium.
Democratic Party (DPJ)
One of the two major political parties in the United States, in the two-party system implemented in the United States, it takes turns to govern with the * * * and the Party. Take the donkey as the emblem.
[Party History]: 179 1 year, which was called * * * and the party when the party was founded; 1794 was renamed * * * and the party. Also known as the anti-federalist party. The party split after that. Jackson School established the Democratic Party in 1828. 1840 the third national congress was officially named the democratic party. It mainly represents the interests of emerging cotton-growing slave owners in southwest China and slave owners, small farmers, border residents and craftsmen in the old south.
1828 A Jackson was elected president (1829- 1837 was in office). He carried out political reforms, safeguarded federal unity and stopped the separatist crisis. He expanded the powers of the president and the federal government, and implemented a system in which presidential candidates were nominated by the party's national congress, presidential electors were proposed by each state, and the winner got all the votes in that state; Establish and improve committees at all levels of democratic parties; Expand the universal suffrage of white adult males. American scholars call it "Jackson Democracy". From then on to 1860, except 184 1 year, 1845, 1849- 1853, the United States was ruled by Whigs.
65438+In the 1940s, the Democratic Party was controlled by big slave owners and advocated the expansion of slavery in the New World. 186 1 split on the eve of the civil war, and the northern democratic party merged into the * * * and the party; The Southern Democratic Party became a slave-owning party and provoked the American Civil War. After the war, the Democratic Party was in opposition for a long time, representing the interests of the big landlords in the south and the emerging bourgeoisie, and was supported by industrialists and financiers related to import trade in the north. It was a "Southern Party" for a long time, and it was not until the 1932 general election that it began to break the traditional geographical boundaries.
Since the United States entered the stage of imperialism, the Democratic Party, like the * * * Party, has been controlled by a monopoly consortium. However, because it has always advertised democracy, it has won the support of the upper and middle classes of trade unions and often claims to represent labor. During World War I, the government of Democratic Party T W Wilson entered the war on 19 17. After 1920, the * * * party came to power. 1933, F. D. Roosevelt of the Democratic Party defeated * * * and H. C. Hoover (1929- 1933) in the severe economic crisis, took office as president, implemented the New Deal to solve the economic crisis, and promoted the development of state monopoly capitalism. Four consecutive presidential terms. After Roosevelt died, Truman succeeded as president. 1950 Truman administration invaded Korea. Truman stepped down at 1953. Since then, the Democratic Party and the Republican Party have continued to govern alternately. 196 1- 1969, 1977- 198 1 democratic party, J. F. Kennedy, L. B. Johnson, J. Carter (/? Implement an expansion policy abroad. Kennedy and Johnson strengthened the Vietnam War. Clinton became president.
The party holds a national congress every four years, determines its presidential and vice presidential candidates, and formulates its campaign platform. The Central Committee has a National Committee with a term of four years. Responsible for preparing for the national congress and presiding over the election campaign. The agency has the positions of chairman, vice-chairman, secretary, treasurer and special legal adviser. Under the leadership of state committees, organize state movements. The party has no fixed platform, but takes the platform of running for president as its own platform. It also has no fixed party member, and its members are free. The total number of party member is calculated according to the voting results of the party's presidential candidates. The campaign funds are funded by a monopoly consortium.